Here are the entities that ultimately decide how each of New Hampshire’s opioid settlement shares are spent:

• 85% state share: New Hampshire Opioid Abatement Advisory Commission (with approval from Governor and Executive Council)

• 15% local share: local officials for counties, cities, and towns

Can I provide input on spending?

• 85% state share: Yes (not required). Though the NH Opioid Abatement Advisory Commission is not legally required to seek public input, the Commission has included a dedicated public comment period during its meetings,[1] which are typically held once per month.[2]

  • The Commission is required to maintain its “minutes, attendance rolls and votes, including records of all votes on funding requests, funding awards, and reports of funding by recipients” on its website,[3] which also hosts upcoming meeting dates and agendas.

  • You can also attend meetings of the Governor's Commission on Alcohol & Other Drugs,[4] with which the Commission is required to coordinate.[5], [6]

• 15% local share: Up to each locality (not required). Local governments are not required to seek public input on uses of their shares. However, each may choose to seek such input. Watch for opportunities to weigh in on city and county spending decisions, such as city council meetings and town halls.

Can I apply for grants?

Yes. The NH Opioid Abatement Advisory Commission has offered grants from the 85% state share in the past.[7] Local governments also may create grant programs to distribute their share of funds. The existence, parameters, and processes for local settlement grant programs will vary by locality, so stay alert for new opportunities. Visit the Opioid Settlement Community Grants Portal (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations.

Where do I go for updates?

• For updates on the state share, visit the Opioid Abatement Advisory Commission’s website, which includes upcoming meeting dates, including virtual attendance details, and past meeting materials.

• To find updates on the local share, a good starting point is to check the websites for your city council, board of county commissioners, or local health department.

What else should I know?

Not applicable.

Citations

1. See, e.g., July 8, 2024 agenda. There is no legal requirement for New Hampshire to receive community input on the use of the 85% state share. Additionally, although the NH Opioid Abatement Advisory Commission must comply with New Hampshire’s open meetings law, the statute does not require public bodies to allow public comments or public participation in a meeting. N.H. Rev. Stat. Ann. Sec. 126-A:85(VI) ("Meetings of the advisory commission shall be conducted in accordance with RSA 91-A and take place no less than twice per year”) and N.H. Code R. He-C 1001.05(a) (reiterating the same). ↑

2. N.H. Rev. Stat. Ann. Sec. 126-A:85(VI) and Meeting Information & Related Documents. New Hampshire Opioid Abatement Advisory Commission. Accessed September 1, 2024. ↑

3. N.H. Rev. Stat. Ann. Sec. 126-A:86(III) (“The commission shall create and maintain a website on which it shall publish its minutes, attendance rolls and votes, including records of all votes on funding requests, funding awards, and reports of funding by recipients”). See also N.H. Code R. He-C 1001.05(b) (“Notice of the time and place of each meeting shall be posted on the commission's internet webpage, in the department's brown building lobby, and in the legislative office building”); N.H. Code R. He-C 1001.06 (addressing Commission records). ↑

4. The Governor's Commission on Alcohol & Other Drugs is responsible for advising the governor and state legislature on the “delivery of effective and coordinated substance misuse prevention, treatment, and recovery services throughout the state.” The Governor's Commission on Alcohol & Other Drugs. New Hampshire Department of Health and Human Services (DHHS). Accessed September 1, 2024. ↑

5. N.H. Rev. Stat. Ann. Sec. 126-A:86(I). ↑

6. Commission meetings are open to the public and held at the NH State House Executive Council Chamber (Room 207) 107 North Main Street, Concord, NH. The Governor's Commission on Alcohol & Other Drugs. DHHS. Accessed September 1, 2024. ↑

7. See, e.g., RGA-2023-DBH-01-OPIOI: Opioid Abatement Programs. DHHS Division of Behavioral Health (on behalf of the NH Opioid Abatement Advisory Commission). Accessed September 1, 2024. This grant opportunity closed in September 2022. ↑

Where do these monies live?

The Opioid Abatement Trust Fund holds 85% of New Hampshire’s opioid settlement funds.[1]

What can this share be spent on?

In general, and with limited exceptions,[2] Fund monies must only be disbursed to one of the 19 project criteria listed in state law.[3]

• Three of these criteria are reimbursement uses: for outpatient and residential treatment services for OUD and co-occurring disorders (inclusive of medications and “abstinence-based treatment,” in addition to treatment for people involved in the criminal legal system);[4] for law enforcement and emergency response services;[5] and for naloxone.[6]

• Other approved uses in state law include supports for mobile services, “withdrawal management,”[7] access to housing, transportation to treatment and other services, employment training, centralized call centers to connect people to supports, improved oversight of methadone treatment programs, scholarships for health providers to work in underserved areas, efforts to prevent over-prescribing, improvements to the prescription drug monitoring program, education for law enforcement on fentanyl, evidence-based “and/or evidence-informed” prevention, school programs, secondary and tertiary prevention “through harm reduction programs,” and addressing the pain management needs of chronic pain patients and/or those in hospital or palliative care.[8]

Disbursements from the Fund must be made “in alignment with relevant state plans.”[9] The Opioid Abatement Advisory Commission’s Guiding Strategies for the Use of Opioid Abatement Funds contains a non-exhaustive list of strategies that are “in alignment with [state law] … , NH’s SUD Action Plan[,] and the 10-Yr Mental Health Plan.”[10] The Commission's document refers to Exhibit E of the national settlements — which includes prevention, harm reduction, treatment, recovery, and other strategies — as providing a “further description of opioid remediation uses.”[11]

Who ultimately decides how to spend this share (and how)?

Opioid Abatement Advisory Commission decides (with approval from the Governor and New Hampshire Executive Council). The Opioid Abatement Advisory Commission makes decisions on grant funding and other disbursements from this share in coordination with the Governor’s Commission on Alcohol & Other Drugs.[12] The Advisory Commission’s disbursements must be “in alignment with relevant state plans.”[13]

The Governor and the Executive Council must approve “all disbursements or grants.”[14] The Department of Health and Human Services (DHHS) is responsible for distributing the monies.[15]

Both governmental entities and non-profit organizations are eligible to receive awards from the Fund.[16] The Commission is required to advise DHHS on the Fund’s administration and approve the agency’s selection of eligible grant recipients.[17] The Commission and the DHHS Commissioner are both empowered to develop priorities and goals for the Fund’s expenditures and recommend state and local policy changes.[18]

Is this share attached to an explicit bar against supplantation?

Generally no, supplantation is not prohibited. Like most states, New Hampshire does not prohibit supplantation uses of its opioid settlement funds. This means that the 85% state share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources. However, state law prohibits certain reimbursement uses of funds from the 85% state share where the government entity would have otherwise been reimbursed for such services.[19] This provision effectively operates as a bar against “double-dipping” on funding sources and may limit some, but not most, forms of supplantation.[20]

Can I see how this share has been spent?

Eventually (public reporting required). Expenditures for this share will likely be published on the Opioid Abatement Advisory Commission’s website. State law requires the Commission to publish information about its “funding awards” and “reports of funding by recipients” online.[21]

Visit OpioidSettlementTracker.com’s Expenditure Report Tracker for an updated collection of states’ and localities’ available expenditure reports.

What else should I know?

Not applicable.

Citations

1. N.H. Rev. Stat. Ann. Sec. 126-A:84(II)(a)-(b). But see 70% regional, 30% non-regional apportionments of Mallinckrodt trust distributions. NOAT II: Notice of Abatement Distribution New Hampshire (January 13, 2023). ↑

2. See, e.g., Attorney General Reaches $40.5 Million Settlement with Johnson & Johnson to Settle Opioid Claims. New Hampshire Attorney General News Release. September 1, 2022. Accessed August 9, 2024. (“Under the terms of the settlement agreement, Johnson & Johnson will make a single payment of $39.605 million to the State and pay approximately $900,000 in attorneys’ fees to counsel for the counties, cities and towns that filed opioid lawsuits against Johnson & Johnson prior to September 1, 2019”). See also N.H. Rev. Stat. Ann. Sec. 126-A:85(VII) (“The department of health and human services shall provide administrative support to the advisory commission”). ↑

3. N.H. Rev. Stat. Ann. Secs. 126-A:83(I) (“All proceeds received by the state from all consumer protection settlements or judgments against opioid manufacturers or distributors shall be deposited in accordance with RSA 7:6-f. … The state treasurer shall disburse funds from the trust fund solely for the purposes and in the manner set forth in RSA 126-A:84”), 126-A:84(I) (“The commissioner shall draw from the opioid abatement trust fund for qualifying opioid abatement projects under RSA 126-A:86, I(b)”), and 126-A:86(I)(b)(1)-(17) (listing acceptable project criteria). ↑

4. N.H. Rev. Stat. Ann. Sec. 126-A:86(I)(b)(1). ↑

5. N.H. Rev. Stat. Ann. Sec. 126-A:86(I)(b)(2). ↑

6. N.H. Rev. Stat. Ann. Sec. 126-A:86(I)(b)(5) (“FDA-approved opioid reversal agents”). ↑

7. The law originally referred to this as “detoxification.” See 2020 NH HB 1639 . Legislation in 2023 replaced instances of “detoxification” with “withdrawal management.” 2023 NH SB 32. ↑

8. N.H. Rev. Stat. Ann. Sec.126-A:86(I)(b)(3)-(4), (6)-(19). The approved criteria regarding pain management were added by legislation enacted in 2024. See 2023 NH HB 1318. ↑

9. N.H. Rev. Stat. Sec. 126-A:86(I). ↑

10. Guiding Strategies for the Use of Opioid Abatement Funds. Opioid Abatement Advisory Commission (Commission). February 2024. Accessed August 9, 2024. (“Use of these strategies should be determined within the broader context of statewide plans, community feedback, current efforts by non-governmental and governmental entities and anticipated funding reductions (State Opioid Response, COVID relief, etc). This is not an exhaustive list of applicable strategies, but rather, a guiding document to help establish a road map for funding, in alignment with NH statute and opioid settlement agreements (see Exhibit E for further description of opioid remediation uses”). ↑

11. Guiding Strategies for the Use of Opioid Abatement Funds. Opioid Abatement Advisory Commission (Commission). February 2024. Accessed September 1, 2024. (“[The Guiding Strategies] is not an exhaustive list of applicable strategies, but rather, a guiding document to help establish a road map for funding, in alignment with NH statute and opioid settlement agreements (see Exhibit E for further description of opioid remediation uses)”). ↑

12. N.H. Rev. Stat. Secs. 126-A:85(I) (“There is hereby established the New Hampshire opioid abatement advisory commission, which shall consult with and advise the commissioner of the department of health and human services relative to the proper administration and management of the opioid abatement trust fund, as established in RSA 126-A:83, and which shall approve all qualifying grants, loans, and matching funds from that fund under RSA 126-A:86, I(b)”) (emphasis added); N.H. Rev. Stat. Sec. 126-A:86(I)(b) (“The opioid abatement advisory commission in coordination with the governor's commission on alcohol and other drugs, and in alignment with relevant state plans, shall … [a]ward grants, revolving loan funds, and matching funds to projects from the opioid abatement trust fund under RSA 126-A:83, I, in a manner consistent with the following criteria…”). ↑

13. N.H. Rev. Stat. Sec. 126-A:86(I). The Commission’s Guiding Strategies for the Use of Opioid Abatement Funds document contains a non-exhaustive list of applicable strategies that are “in alignment with RSA 126-A:86 … , NH’s SUD Action Plan[,] and the 10-Yr Mental Health Plan ↑

14. N.H. Rev. Stat. Sec. 126-A:86(I)(b) (“All disbursements or grants shall require approval of the governor and executive council”). The Executive Council works together with the governor to manage state affairs, with a particular emphasis on overseeing government spending. Councilors are directly elected by the people in their districts. See About Us. State of New Hampshire Executive Council. Accessed August 9, 2024. ↑

15. N.H. Rev. Stat. Ann. 126-A:84(II)(b) and (III). (“All remaining funds [after 15% for counties and political subdivisions] shall be deposited into the opioid abatement trust fund as established by RSA 126-A:83, I to be distributed by the commissioner of the department of health and human services, with approval of the opioid abatement advisory commission” and “[t]he commissioner of the department of health and human services shall continue to make distributions from the trust fund … for as long as defendants in the opioid litigation make payments to the state or until such time that the funds in the opioid abatement trust fund are exhausted”). ↑

16. N.H. Rev. Stat. Sec. 126-A:84(II)(b) (“Funds may be awarded to a qualifying governmental entity or program for an approved use under RSA 126-A:86, I(b)”). ↑

17. N.H. Rev. Stat. Sec. 126-A:86(I)(a)-(b) (requiring Commission to advise DHHS, approve eligible Fund recipients, and award grants) and 126-A:85(I) (“commission … shall consult with and advise the commissioner of the department of health and human services relative to the proper administration and management of the opioid abatement trust fund, as established in RSA 126-A:83, and which shall approve all qualifying grants, loans, and matching funds from that fund under RSA 126-A:86, I(b)”). ↑

18. N.H. Rev. Stat. Sec. 126-A:86(II) (“The commission or the commissioner of the department of health and human services may identify additional responsibilities including reporting on projects and programs related to addressing the opioid epidemic, developing priorities, goals and recommendations for spending on such projects and programs, working with state agencies or outside entities to develop measures for projects and programs that address substance use disorders, making recommendations for policy changes on a state and local level, including statutory law and administrative agency regulations”). ↑

19. N.H. Rev. Stat. Ann. Sec. 126-A:86(I)(b)(1) (imposing such limitations on reimbursement for “costs related to outpatient and residential opioid use disorder (OUD) and any co-occurring substance use disorder or mental health (SUD/MH) treatment services”). But see N.H. Rev. Stat. Ann. Sec. 126-A:86(I)(b)(2) (not imposing such limitations on reimbursements of costs “for emergency response services related to OUD and any co-occurring SUD/MH issues provided by law enforcement and first responder”); (I)(b)(5) (no such limitations on reimbursements “for emergency response services related to OUD and any co-occurring SUD/MH issues provided by law enforcement and first responder”). ↑

20. For example, the law would prohibit the use of funds from the 85% state share to reimburse the state or local governments for OUD treatment expenses which will be reimbursed by Medicaid but would not prohibit a local government from seeking reimbursement for expenses it otherwise paid for with general revenue funds. See, e.g., Addendum #3 to RGA-2023-DBH-03-OPIOI “Opioid Abatement Programs,” Sec. 1.2.4. New Hampshire Department of Health and Human Services. June 5, 2023. Accessed June 28, 2024 (“Applicants must only request reimbursement for costs not reimbursable by other third-party funding sources and must not request reimbursement for costs that have already been reimbursed by federal, state, or other third-party funding sources. Costs originally paid through county or municipal general funds may be submitted for reimbursement.”) ↑

21. N.H. Rev. Stat. Sec. 126-A:86(III) (“The [Opioid Abatement Advisory] [C]ommission shall create and maintain a website on which it shall publish its minutes, attendance rolls and votes, including records of all votes on funding requests, funding awards, and reports of funding by recipients”). See also N.H. Rev. Stat. Sec. 126-A:84(IV) (“On or before September 1, 2020, each county, city, town or program that receives funds under paragraph II shall annually provide to the department of health and human services and the opioid abatement advisory commission a detailed account of all monies spent on approved uses, including, but limited to, an analysis and evaluation of the projects and programs it has funded”) (emphasis added). Note that paragraph II encompasses both the 85% state share and the 15% local share. ↑

Opioid Abatement Trust Fund and Advisory Commission

• Guiding Strategies for the Use of Opioid Abatement Funds

• Opioid Abatement Trust Fund & Administrative Laws

• Administrative Rules

Governor's Commission on Alcohol and Other Drugs

• Strengthening Our Response Together: Action Plan Update, 2022-2025

New Hampshire Attorney General’s Office

• Settlements and Updates

Has the state established an advisory body for settlement funds?

Yes. The New Hampshire Opioid Abatement Advisory Commission was created by state law to recommend and approve spending from the 85% state share of settlement funds.[1]

The Commission may also be tasked with other responsibilities, including:[2]

• “[R]eporting on projects and programs related to addressing the opioid epidemic,” and “developing priorities, goals and recommendations for spending on such projects and programs”

• “[W]orking with state agencies or outside entities to develop measures for projects and programs that address substance use disorders”

• Recommending state and local policy changes

The Commission is required to meet at least twice per year but has met monthly since 2022.[3] The Commission’s meetings are subject to the state open meetings law,[4] and the Commission must maintain a website with details about its activities.[5]

Is the state advisory body required to include member(s) with lived and/or living experience?

No. One appointee of the Opioid Abatement Advisory Commission must represent “victims of the opioid crisis,”[6] but the law does not say that person must themselves have lived or living experience.

What is the overall membership of the state advisory body?

The Commission’s current members are listed here. The following 23 members are required by state law,[7] with most able to select a designee to serve in their stead:

• The governor, state attorney general, and state treasurer

• The commissioners of the Department of Corrections and Department of Health and Human Services

• A member of the New Hampshire House of Representatives, appointed by its speaker

• A member of the New Hampshire Senate, appointed by its president

• The chairperson of the governor’s Commission on Alcohol and Drug Abuse, Prevention, Treatment and Recovery

• A county attorney, appointed by the governor

• A county corrections superintendent, appointed by the governor

• A county nursing home supervisor, appointed by the New Hampshire Association of Counties

• A New Hampshire municipal fire chief, appointed by the governor

• A New Hampshire municipal police chief, appointed by the governor

• Five (5) local government representatives appointed by the governor[8]

• One member representing victims of the opioid crisis, appointed by the attorney general

• Three (3) members representing prevention, treatment, and recovery, respectively, appointed by the governor’s Commission on Alcohol and Drug Abuse, Prevention, Treatment and Recovery

• A public school superintendent, appointed by the New Hampshire School Administrators Association

Some Commission members are able to serve as they hold their relevant offices while others are appointed to staggered two-year terms, and the governor may remove any non-legislative Commission member for cause.[9]

Are local governments required to establish a settlement advisory body? If so, are local advisory bodies required to include member(s) with lived and/or living experience?

No (up to each locality). Local governments in New Hampshire are not required to establish opioid settlement advisory bodies. However, localities may choose to establish advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities.

What else should I know?

Not applicable.

Citations

1. N.H. Rev. Stat. Ann. Sec. 126-A:84(II)(b) (specifying that the opioid abatement advisory commission must approve funding); Sec. 126-A:85(I) (“shall consult with and advise the commissioner of the department of health and human services relative to the proper administration and management of the opioid abatement trust fund … and which shall approve all qualifying grants, loans, and matching funds from that fund”); Sec. 126-A:86(I)(a)-(b) (reiterating the same). See also N.H. Code R. He-C 1001.04 ("Duties of the Commission”). ↑

2. N.H. Rev. Stat. Ann. Sec. 126-A:86(II). These additional responsibilities may be identified by either the Commission itself or the Commissioner of the New Hampshire Department of Health and Human Services. Id. ↑

3. N.H. Rev. Stat. Ann. Sec. 126-A:85(VI) (“no less than twice per year”). See Meeting Information & Related Documents. New Hampshire Opioid Abatement Advisory Commission. Accessed September 1, 2024 ↑

4. N.H. Rev. Stat. Ann. Sec. 126-A:85(VI); N.H. Code R. He-C 1001.05(a). ↑

5. N.H. Rev. Stat. Ann. Sec. 126-A:86(III) (“The commission shall create and maintain a website on which it shall publish its minutes, attendance rolls and votes, including records of all votes on funding requests, funding awards, and reports of funding by recipients.”). See also N.H. Code R. He-C 1001.05(b) (“Notice of the time and place of each meeting shall be posted on the commission's internet webpage, in the department's brown building lobby, and in the legislative office building”); N.H. Code R. He-C 1001.06 (addressing Commission records). ↑

6. N.H. Rev. Stat. Ann. Sec. 126-A:85(II)(s). ↑

7. N.H. Rev. Stat. Ann. Sec. 126-A:85(II)(a)-(w) (listing 23 member types). See also N.H. Code R. He-C 1001.03(a). ↑

8. Including designees from a county with a population of at least 100,000 people, a county with a population of less than 100,000 people, a city with a population of at least 75,000 people, a city or town with a population of less than 75,000 people, and a city or town with a population of less than 20,000 people. N.H. Rev. Stat. Ann. Sec. 126-A:85(II)(n)-(r). ↑

9. N.H. Rev. Stat. Ann. Sec. 126-A:85(III). The Commission members that serve staggered two-year terms include the five local government designees, designee representing victims of the opioid crisis, public school superintendent or designee, and the three members representing prevention, treatment, and recovery, respectively. See also N.H. Code R. He-C 1001.03(b) ("In accordance with RSA 126-A:85, III, a staggered 2-year term means that half of the members are reappointed in the first year of reappointment, while the other half of the members are reappointed in the second year of reappointment so that the commission maintains half of its members each year for consistency and continuity”). ↑

Where do these monies live?

New Hampshire’s local government share is distributed to its litigating counties and political subdivisions, the latter of which are defined to include “any village district, school district, town, city, county or unincorporated place in the state.”[1] Each locality’s share is based on population.[2]

What can this share be spent on?

In general, and with limited exceptions,[3] New Hampshire’s local share must be spent on uses that align with the 19 project criteria listed in state law.[4]

• Three of these criteria are reimbursement uses: for outpatient and residential treatment services for OUD and co-occurring disorders (inclusive of medications and “abstinence-based treatment,” in addition to treatment for people involved in the criminal legal system;[5] for law enforcement and emergency response services;[6] and for naloxone.[7]

• Other approved uses in state law include supports for mobile services, “withdrawal management,”[8] access to housing, transportation to treatment and other services, employment training, centralized call centers to connect people to supports, improved oversight of methadone treatment programs, scholarships for health providers to work in underserved areas, efforts to prevent over-prescribing, improvements to the prescription drug monitoring program, education for law enforcement on fentanyl, evidence-based “and/or evidence-informed” prevention, school programs, secondary and tertiary prevention “through harm reduction programs,” and addressing the pain management needs of chronic pain patients and/or those in hospital or palliative care.[9]

The Opioid Abatement Advisory Commission’s Guiding Strategies for the Use of Opioid Abatement Funds also contains a non-exhaustive list of strategies that are “in alignment with [state law] … , NH’s SUD Action Plan[,] and the 10-Yr Mental Health Plan.”[10] The Commission’s document refers to Exhibit E of the national settlements — which includes prevention, harm reduction, treatment, recovery, and other strategies — as providing a “further description of opioid remediation uses.”[11]

Who ultimately decides how to spend this share (and how)?

Local governments decide autonomously. Decisionmakers for the counties and political subdivisions will ultimately decide for themselves how to spend their monies on the 19 project criteria listed state law.[12]

Are supplantation uses prohibited for this share?

No, supplantation is not prohibited. Like most states, New Hampshire does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the 15% local share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources.

Can I see how this share has been spent?

Yes (public reporting required). View localities’ limited annual reporting under “Distribution of Funds” here. State law requires localities to annually report to the Department of Health and Human Services and the Commission,[13] and the latter must publish funding awards and reports of funding by recipients online.[14]

Visit OpioidSettlementTracker.com’s Expenditure Report Tracker for an updated collection of states’ and localities’ available expenditure reports.

What else should I know?

The New Hampshire Attorney General's office sent a letter to 47 New Hampshire subdivisions encouraging participation in the National Opioid Settlement. Of the 47 subdivisions, only 23 participated.[15]

Citations

1. N.H. Rev. Stat. Secs. 126-A:83(I) (“All … opioid-related settlement funds or judgments from New Hampshire counties and all political subdivisions shall, likewise, be placed in the trust fund”),126-A:83(II) (“The treasurer shall distribute 15 percent of all funds received prior to any deposit in the consumer escrow account or the opioid abatement trust fund to the counties and the political subdivisions that filed lawsuits, on or before September 1, 2019”), and 126-A:84(II)(a) (“Fifteen percent of the funds each year shall be distributed to the counties and political subdivisions as identified in RSA 126-A:83, II”). See also N.H. Rev. Stat. Sec. 541-B:1(VI) (defining “political subdivision” to mean “any village district, school district, town, city, county or unincorporated place in the state”). But see 70% regional, 30% non-regional apportionments of Mallinckrodt trust distributions. Notice of Abatement Distribution New Hampshire. National Opioid Abatement Trust II (NOAT II). January 13, 2023. Accessed August 9, 2024. ↑

2. N.H. Rev. Stat. Sec. 126-A:83(II) (“The distribution of funds shall be based on the most recent decennial census population of each qualifying county and political subdivisions. The population of any political subdivision which receives funds under this section shall not be included in the population of the county for determining the distribution to that county”). ↑

3. See, e.g., Attorney General Reaches $40.5 Million Settlement with Johnson & Johnson to Settle Opioid Claims. New Hampshire Attorney General news release. September 1, 2022. Accessed August 9, 2024. (“Under the terms of the settlement agreement, Johnson & Johnson will make a single payment of $39.605 million to the State and pay approximately $900,000 in attorneys’ fees to counsel for the counties, cities and towns that filed opioid lawsuits against Johnson & Johnson prior to September 1, 2019”). See also N.H. Rev. Stat. Ann. Sec. 126-A:85(VII) (“The department of health and human services shall provide administrative support to the advisory commission”). ↑

4. N.H. Rev. Stat. Sec. 126-A:83(I) (“All … opioid-related settlement funds or judgments from New Hampshire counties and all political subdivisions shall, likewise, be placed in the trust fund. The state treasurer shall disburse funds from the trust fund solely for the purposes and in the manner set forth in RSA 126-A:84”), Sec. 126-A:84(I) (“The commissioner shall draw from the opioid abatement trust fund for qualifying opioid abatement projects under RSA 126-A:86, I(b)”), and Sec. 126-A:86(I)(b)(1)-(19) (listing acceptable project criteria). See also City of Nashua: Resolution 21-168 (“Funds will be used in accordance with RSA 126-A:86(I)(b)(1) through (14) [ed. note: now likely ‘through (19)’] for the intervention, treatment, and recovery services related to opioid use disorder”). September 8, 2021. Accessed August 9, 2024. ↑

5. N.H. Rev. Stat. Sec. 126-A:86(I)(b)(1). See, e.g., Belknap County Commissioners, Annual Report on Opioid Abatement Trust Funding (“This initial check was received by the County and will be used to offset the costs of providing Medically Assisted Treatment (MAT) to inmates of our Corrections Department”). August 25, 2021. Accessed August 9, 2024. ↑

6. N.H. Rev. Stat. Sec. 126-A:86(I)(b)(2). ↑

7. N.H. Rev. Stat. Sec. 126-A:86(I)(b)(5) (“FDA-approved opioid reversal agents”). ↑

8. The law originally referred to this as “detoxification.” See 2020 NH HB 1639 . Legislation in 2023 replaced instances of “detoxification” with “withdrawal management.” 2023 NH SB 32. ↑

9. N.H. Rev. Stat. Ann. Sec.126-A:86(I)(b)(3)-(4), (6)-(19). The approved criteria regarding pain management were added by legislation enacted in 2024. See 2023 NH HB 1318. ↑

10. Opioid Abatement Advisory Commission (Commission), Guiding Strategies for the Use of Opioid Abatement Funds. February 2024. Accessed August 9, 2024. (“Use of these strategies should be determined within the broader context of statewide plans, community feedback, current efforts by non-governmental and governmental entities and anticipated funding reductions (State Opioid Response, COVID relief, etc). This is not an exhaustive list of applicable strategies, but rather, a guiding document to help establish a road map for funding, in alignment with NH statute and opioid settlement agreements (see Exhibit E for further description of opioid remediation uses”). ↑

11. Guiding Strategies for the Use of Opioid Abatement Funds. Opioid Abatement Advisory Commission (Commission). February 2024. Accessed September 1, 2024. (“[The Guiding Strategies] is not an exhaustive list of applicable strategies, but rather, a guiding document to help establish a road map for funding, in alignment with NH statute and opioid settlement agreements (see Exhibit E for further description of opioid remediation uses)”). ↑

12. N.H. Rev. Stat. Ann. Secs. 126-A:83(I) (“All … opioid-related settlement funds or judgments from New Hampshire counties and all political subdivisions shall, likewise, be placed in the trust fund. The state treasurer shall disburse funds from the trust fund solely for the purposes and in the manner set forth in RSA 126-A:84”), 126-A:84(I) (“The commissioner shall draw from the opioid abatement trust fund for qualifying opioid abatement projects under RSA 126-A:86, I(b)”), and 126-A:86(I)(b)(1)-(19) (listing acceptable project criteria). See also DHHS, Distribution of Funds generally (linking to documentation of funds distributed to localities, as well as some cities, counties, and towns’ annual spending reports as required by Sec. 126-A:84(IV). Accessed August 9, 2024. The City of Nashua offers an example of a locality applying these requirements. See Resolution 21-168 (“Funds will be used in accordance with RSA 126-A:86(I)(b)(1) through (14) [ed. note: now likely ‘through (19)’] for the intervention, treatment, and recovery services related to opioid use disorder”). September 8, 2021. Accessed August 9, 2024. ↑

13. N.H. Rev. Stat. Sec. 126-A:84(IV) (“On or before September 1, 2020, each county, city, town or program that receives funds under paragraph II shall annually provide to the department of health and human services and the opioid abatement advisory commission a detailed account of all monies spent on approved uses, including, but limited to, an analysis and evaluation of the projects and programs it has funded”) (emphasis added). Note that paragraph II encompasses both the 85% state share and the 15% local share. For information about intrastate reporting submitted by DHHS, see N.H. Rev. Stat. Sec. 126-A:84(VI) (“On or before November 1, 2020, the commissioner of the department of health and human services shall submit an annual report to the governor and fiscal committee of the general court detailing the activities of the advisory commission, the administration of the opioid abatement trust fund, the amount distributed in the past year, including available measures of success and corresponding data of programs funded, the amount remaining in the trust fund, a summary of how funds were used in the past year, and any recommendations for future legislation”). Regulations adopted by the Commission make clear the relationship between the reports submitted by localities and DHHS reporting requirements. See N.H. Code R. He-C 1002(11)(f) (“The department's reporting requirements are governed by RSA 126-A:84, subject to receipt of reporting information from the commission and from counties, cities, towns, or programs that receive funds from the trust fund”). ↑

14. N.H. Rev. Stat. Sec. 126-A:86(III) (“The [Opioid Abatement Advisory] [C]ommission shall create and maintain a website on which it shall publish its minutes, attendance rolls and votes, including records of all votes on funding requests, funding awards, and reports of funding by recipients”). ↑

15. Distribution of Funds. DHHS. Accessed September 1, 2024. ↑

This Community Guide will describe how New Hampshire is spending its opioid settlements and whether New Hampshire is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.